MAP Background Information provided
| Name: | Dick Bennett | ||||
| Address: | 177 Bovet Road, Suite 600 | ||||
| San Mateo, CA 94402 | |||||
| Telephone: | (650) 348-5323 | Fax: | (650) 341-5001 | ||
| Email: | Dickwbennett@aol.com | ||||
| Fees: | $300 per hour | ||||
| Other Costs: | No other costs except by agreement of the parties. | ||||
| BAR Number: | 0038959 | ||||
| Attorney: x | Non-Attorney Professional Mediator/Arbitrator: Retired Judge/Justice: | ||||
| Mediation Experience: | A litigation attorney since 1966, I have advocated mediation since 1986 and have mediated approximately 300 cases in a wide variety of areas: Personal Injury, Business, Real Estate, Legal and Medical Malpractice, Probate and Family Law. Practicing primarily in San Mateo County, I am currently the co-chair of the Alternative Dispute Resolution Committee of the San Mateo Couny Bar Association I am listed on the ADR Panel in San Mateo County. |
| Mediation Training: | My formal mediation training began with Joan Kelly, Northern California Meidation Center in 1995. I have attended shorter mediatio courses since then both with Joan Kelly and Tom Reese. I have read extensively in the ADR Panel in San Mateo County. |
| Arbitration Experience: | I have arbitrated over 150 cases for approximately 25 years in teh fields of Business, Personal Injury, Probate, Real Estate and Legal and Medical Marlpractice. |
| Neutral Evaluation Background: | I have attended a session in neutral evaluation, but as of October 2000, I have not participated precisely as a neutral evaluator. |
| Settlement Conference Experience: | |
| Subject | Personal Injury: | x | Employment: | Business: | x | Real Estate: | x | |
| Matter: | Legal Malpractice: | x | Public Agency: | Probate: | x | Construction: | ||
| Medical Malpractice: | x | Environmental: | Insurance: | Securities: | ||||
| Product Liability: | Landlord-Tenant / Neighborhood: | Dental Malpractice: | ||||||
| Foreign Language(s): | Intellectual Property/High Technology: | |||||||
| Accoutings: | x | Conservatorships/Guardianships: | x | Wills/Trusts: | x | |||
| Other: | ||||||||
| Other Education: |
Stanford University (1959-1963); Stanford University Law School (1963-1966). |
| Mediation Approach: |
I strongly support mediation as a means of encouraging the parties to resolve their dispute in a cost efficient, agreeable manner. As a result, effective January 2007, I will serve as a mediator or private judge only. My mediation approach is generally facilitative (as opposed to directive): After carefully reviewing the mediation briefs, I nitially bring counsel into my office and suggest alternatives as to how they and I will proceed. On certain occasions joint sessions might be appropriate. On other occasions I suggest early separate caucuses. In those caucuses my approach is facilittive as I try to develop credibility through a careful listening process. I usually ask each side to focus on his or her strongest argument and rebuttal so that all sides fully understand the respective positions. In more subsequent caucuses I may well become more directive as I do believe that the parties are entitled to the benefit of my substantial experience as a litigator and as a mediator here in San Mateo County. I assure each party that I will be fully engaged, patient, but also willing to share my expertise after a long career in litigation. |
| Arbitration Approach: |
My approach to arbitration is very similar to that of an informal court trial. I request arbitration briefs and, if appropriate, additional briefs at the end of arbitration. As any trier of fact, I appreciate well-prepared testimony, specific objection without argument in a relaxed informal way and a high degree of professionalism. Although I encourage informality, I do belive that the Code of Evidence should be followed. At the end of arbitration, I will issue a reasoned, written decision. |
| Neutral Approach: |
After the development of an informal presentation of the evidence, similar to trial, the evaluator should be willing to discuss the strengths and weaknesses of the respective positions. |
| Other Information: |
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